Apr 23, 2013 6:00am PDT
by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation of him and designating him as an enemy combatant in the meantime. all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and
Apr 22, 2013 3:00am PDT
or not he should be charged or rather he should be classified as an enemy combatant. lindsey graham was on of the chat shows yesterday, said absolutely. this guy is not a common criminal. he was out to kill americans. what do you think? enemy combatant? >> well, there are some people who think that enemy commits an act of terrorism should be tried in our criminal carts and others think they should be designated as enemy combatants. it's complicated question and seems to me what this administration should be looking at is what is the best way to get this person -- to bring him to justice, and also the best route to insure that we get the best information we can because that information could be helpful in prehave noting additional attacks in the future and that could provide answers which could bring some measure of closure to the victims as the families. i suspect what's going on now is you're having a talk in the administration looking at all the information and deciding what's the best way to treat both of those objectives. >> steve: at this point it sounds like what the governmen
Apr 23, 2013 8:00pm EDT
to achieve with lindsey graham and kelly, that is the most important thing. our priority should be not to punish these perpetrators, not to prosecute them, not to rehabilitate them. our main purpose should be that we have somebody in custody that may know of other terrorist plots and terrorist cells that has information that could save lives. can they get information from them? tell them that he has the right to remain silent and we are going to remain ignorant of the information that he has, even if that means that other people will be killed and a terrorist act in the future. it is a mistaken decision to say that we will remain ignorant. aside from all of the prosecution and issues. we are remaining ignorant right choice. >> officials say the boston bombing suspects are apparently motivated by religion. no terrorist group ties. -- brother's mastermind masterminded the attack. they worked independently. does that change your opinion? >> i have great respect for the media. i spent many years as a journalist. we get things wrong. how do we know? can you tell me who trained them?
Apr 20, 2013 7:00am PDT
senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case w